Michael Oladipo Olorunnisola Labati V. Mr. Luqman Amoo Badmus (2006)

LawGlobal-Hub Lead Judgment Report

UDOM-AZOGU, J.C.A.

This is an action for defamation arising from alleged examination malpractice wherein the plaintiff claimed as follows in the court below:-

“The sum of N5,000,000 (five million Naira) against the defendant being damages for defamation expressed in libelous publication as contained in the petition dated 1st March 2000 written to the defendant against the plaintiff with the title Re- Extortion of Money From Students By Mr. Badmus Gbadamosi.

A perpetual injunction restraining the defendant by himself, his servants or agents from further publishing or spreading the said defamatory statements concerning the plaintiff.”

Pleadings were filed and exchanged and evidence of the witnesses was taken from plaintiff and from respondent between May 9th 2001 and 13th July 2001. After address by counsel on both sides the learned trial Judge delivered Judgment on 2nd August 2001. The learned trial Judge found for the plaintiff and awarded N50,000 damages against the defendant and injunction restraining him, his agents, servants, wards, privies from further publishing or spreading the said defamatory statement concerning the plaintiff.

The Defamatory Statement is hereby reproduced:

“(i) He is fond of behaving in a dubious way.

(ii) As the government used to collect money for examination he also collects his own money for examination from other school people.

(iii) I will like the government to do something about the behaviour of this man as he may jeopardize the free education plan of the Government for all the people of Oyo State. He is a Councillor that will mislead the school kids.

(iv) He told them that English is N5,000.00 and Maths is N5,000.00 and that they will be talking about the rest later. The woman called Patience gave Badmus the money and promised to balance up before the exams hold.

(v) On the day of exam at Ojoo High School the young lady called Patient who came to Badmus house was caught cheating in Exam Hall. One Mrs. Tewe caught her with WAEC Officer and the matter was reported to some other officials from Ministry of Education they asked her who gave her the question and she told them that Badmus the Cancellor gave her the question.

(vi) When I heard this I was mad because councillor Badmus has destroyed the way of these innocent young starts.

(vii) Also the councillor and some other teachers and Principal are engaged in defrauding the school.

(viii) Also Mr. Badmus is involved in many criminal activities and he is well known in Sango Police Station, Bodija Police State. Anytime he was arrested by the police he always go scot free because he has a father who retired as a Police Officer and one of his family still in service.”